November 30, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1671 EXTENSIONS OF REMARKS PERSONAL EXPLANATION saint received a Trustees Award Grammy, and general aviation already pays taxes through he was awarded the National Medal of Arts in the excise tax on fuel. The fuel tax is paid into HON. LYNN A. WESTMORELAND 2013. the Airports and Airways Trust Fund to pay for OF GEORGIA Mr. Toussaint is described as a soft-spoken runway maintenance and improvement and air embodiment of New Orleans music’s rich his- traffic control. IN THE HOUSE OF REPRESENTATIVES tory. Tributes have flowed in from around the The IRS can implement the tax laws, but it Monday, November 30, 2015 world since the death of the R&B legend, can’t create a new tax. The IRS cannot man- Mr. WESTMORELAND. Mr. Speaker, on evoking words of condolences for his family date that general aviation pay the ticket tax November 19, 2015, the House of Represent- and praise for his work from artists as diverse after Congress expressly chose not to apply atives considered H.R. 4038, the American as Jimmy Buffett, the Soul Rebels, Paul the tax to general aviation or AMS that help Security Against Foreign Enemies (SAFE) Act. McCartney, Lenny Kravitz, and the Rolling people fly their own airplane. AMS are not Regrettably, I was unable to be present for the Stones. transportation, but rather services in support of vote. However, had I been present, I would Mr. Speaker, I celebrate the life and legacy transportation, and thus should not be taxed have supported the final passage of H.R. of Mr. Toussaint, master craftsman of 20th- as transportation. For more than three years, 4038. century American culture. His music will for- AMS companies have tried to explain that to f ever be ingrained in the culture and soul of the IRS, but the IRS has refused to acknowl- New Orleans and this country. edge their mistake and withdraw their opinion. HONORING THE LIFE AND LEGACY f Meanwhile, businesses have been audited OF NEW ORLEANS MUSICAL LEG- by the IRS and told they owe taxes based on END ALLEN TOUSSAINT IN SUPPORT OF H.R. 3608 the IRS memorandum. Many AMS companies are small businesses who cannot afford to HON. CEDRIC L. RICHMOND HON. PATRICK J. TIBERI wage multi-year arguments with the IRS. Re- OF LOUISIANA OF OHIO cently the U.S. District Court in Columbus, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Ohio, decided a case to prevent the IRS from collecting this tax. The court’s decision states Monday, November 30, 2015 Monday, November 30, 2015 that the IRS did not provide ‘‘precise and not Mr. RICHMOND. Mr. Speaker, I rise today Mr. TIBERI. Mr. Speaker, I rise to advocate speculative notice’’ of an AMS company’s po- to honor the life of Mr. Allen Toussaint, ac- for a bill I introduced, H.R. 3608, which would tential obligation to collect the ticket tax from complished American producer, musician, right a wrong that has impacted over 750 busi- its customers. I’m pleased the court got it songwriter and one of the most talented and nesses in the United States, including in my right, but if the IRS won’t correct its mistake, prolific New Orleans musicians of my lifetime. home state of Ohio, for more than three years. it’s time for Congress to do it for them, and in Mr. Toussaint passed away on November 10, My bill simply clarifies that the tax on commer- a way that will last. That’s why my bill pro- 2015, at the age of 77. cial air transportation, also called the ‘‘ticket vides clarity that payments for AMS are ex- Mr. Toussaint was born in 1938 and grew tax,’’ doesn’t apply to aircraft management empt from the ticket tax. I hope my colleagues up in the Gert Town neighborhood of New Or- services (AMS) for general aviation flights that will join me in support of the bill to ensure its leans, Louisiana. As a child, he learned to don’t use tickets. prompt enactment. play the piano through informal lessons from Aviation has been a source of pride and f an elderly neighbor and picked up melodies jobs for Ohio ever since the Wright Brothers from the radio. During his teen years in the invented and built their aircraft in the state. TRIBUTE IN HONOR OF REVEREND 1950s, Mr. Toussaint performed with Earl Ohioans build aircraft engines, supply alu- MICHAEL C. MCCARTHY, S.J. King’s band standing in for Huey ‘‘Piano’’ minum for aircraft frames, design and manu- Smith. The experience launched his music ca- facture sophisticated avionics, and maintain HON. ANNA G. ESHOO reer when he caught the attention of Fats and fly the planes in the largest business air- OF CALIFORNIA Domino producer Dave Bartholomew. Mr. craft fleets in the country. All across America, IN THE HOUSE OF REPRESENTATIVES Toussaint first recorded in 1957 as a stand-in thousands of companies use general aviation pianist for Fats Domino on the record, ‘‘I Want and aircraft management services to help en- Monday, November 30, 2015 You to Know.’’ sure the safe and efficient operation of their Ms. ESHOO. Mr. Speaker, I rise today to Throughout the 1960s and 1970s, Mr. Tous- aircraft. honor the work of Father Michael C. McCar- saint was a remarkably influential songwriter In March 2012, the Internal Revenue Serv- thy, S.J. and wish him every blessing as he and producer. He played piano and wrote, ar- ice’s chief counsel released a memorandum begins a new and challenging chapter in his ranged and produced a series of hits including stating that services provided in support of life. records like Lee Dorsey’s ‘‘Working in the aviation are taxable as if the services are Father McCarthy, known affectionately to all Coal Mine,’’ and Jessie Hill’s ‘‘Ooh Poo Pah transportation itself. The IRS said that the tick- as ‘‘Father Mick’’ has served with great dis- Doo.’’ As his sound got funkier into the 70s, et tax applies to AMS businesses that supply tinction as Edmund Campion University Pro- he wrote songs such as ‘‘Southern Nights,’’ pilots, mechanics, maintenance, scheduling fessor at Santa Clara University and Executive and produced Labelle’s, ‘‘Lady Marmalade.’’ and navigation, and the other services pro- Director of the University’s Ignatian Center for Mr. Toussaint’s creativity was inspired by vided to general aviation flights, and that is Jesuit Education for five years. In January, the city of New Orleans, but his impact spread contradictory to Congressional intent. 2016, Father McCarthy will begin a new ca- beyond the Big Easy and the R&B genre. For decades it has been clear that commer- reer at Fordham University as Vice President World famous rock bands, including the Roll- cial aviation is required to pay the ticket tax, for Mission Integration and Planning and as ing Stones, the Who and the Hollies, covered while general aviation pays the fuel tax. Con- Presidential Assistant for Planning. his song ‘‘Fortune Teller.’’ Mr. Toussaint also gress noted this in the Airports and Airways Father McCarthy was born on July 20, 1964 collaborated with numerous renowned musi- Revenue Act of 1970, when it stated that ‘‘the in San Francisco, was raised in the City of St. cians, including Elvis Costello and Paul fuel tax on general aviation is a measure of its Francis, and is the youngest of six children. McCartney. use of the airway system, since general avia- He is a graduate of St. Ignatius College Prep In 1998, Mr. Toussaint was inducted into the tion . will not be subject to the passenger in San Francisco where he received the Rock and Roll Hall of Fame. Following the de- and cargo taxes.’’ However, the chief counsel Ignatian Award. He began his college career struction caused by Hurricane Katrina, he of the IRS ignored this simple statement and at Stanford University, but after entering the wrote ‘‘The River in Reverse,’’ which was seeks to impose a tax where Congress ex- Jesuit Novitiate a year later he continued his nominated for a Grammy. In 2009 Mr. Tous- pressly chose not to apply one. Additionally, education at Santa Clara University. He ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. VerDate Sep 11 2014 04:17 Dec 01, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K30NO8.001 E30NOPT1 emcdonald on DSK67QTVN1PROD with REMARKS.